Pulaski City Zoning Code
ARTICLE III
Board of Appeals and Planning Board
§ 160-20 Creation and organization of Board of Appeals and Planning Board.
A.
Pursuant to § 7-712 of the Village Law, there shall be a Zoning Board of Appeals which shall consist of five members appointed in accordance with said § 7-712 of the Village Law. The members of the Zoning Board of Appeals in existence at the time of the amendment of this chapter shall continue to serve as members of the Zoning Board of Appeals until their original terms of office expire. Any replacement members shall be replaced in accordance with § 7-712 of the Village Law.
B.
There shall be established a five-person Planning Board pursuant to § 7-718 of the Village Law. The members of the Planning Board in existence at the time of the amendment of this chapter shall continue to serve as members of the Planning Board until their original terms of office expire. Any replacement members shall be replaced in accordance with § 7-718 of the Village Law.
§ 160-20.1 Alternate members.
A.
Statutory authority. The New York State Legislature has, heretofore, pursuant to Chapter 137 of the Session Laws of 1998, authorized municipalities to appoint alternate members to their Planning Boards and Zoning Boards of Appeals to substitute where conflict of interest situations prevent regular Board members from acting on local land use matters or applications.
B.
Purpose. This section provides the authority to allow the Board of Trustees to appoint alternate members to the Planning Board and Zoning Board of Appeals to substitute where a member is unable to attend or a conflict of interest arises which prevents regular Board members from acting on local land use matters or applications. In such instances, official business cannot be conducted, which may delay or impede adherence to the provisions of this chapter.
C. ALTERNATE MEMBER MEMBER PLANNING BOARD ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
An individual appointed by the Board of Trustees to serve on the Village Planning Board and Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board and Zoning Board of Appeals.
The Planning Board of the Village of Pulaski, as established by the Village Board of Trustees by local law pursuant to provisions of § 7-718 of the Village Law.
The Zoning Board of Appeals of the Village of Pulaski as established by the Village Board of Trustees by local law or ordinance pursuant to provisions of § 7-712 of the Village Law.
D.
Appointment; terms; powers and duties.
(1)
The Board of Trustees hereby enacts this section to provide a process for appointing alternate members of the Planning Board/Zoning Boards of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.
(2)
Alternate members of the Planning Board/Zoning Board of Appeals shall be appointed by the Board of Trustees for a term of five years.
(3)
The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternated member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board/Zoning Board of Appeals meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board/Zoning Board of Appeals members' eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
E.
Supersession of Village Law. This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statue of Local Governments. It is the intent of the Board of Trustees, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of:
§ 160-21 Powers and duties of Planning Board.
The Planning Board shall have all of the following powers and duties:
A.
To review any application for amendment of this chapter or for amendment of the zoning districts and to submit a recommendation to the Village Board relative thereto.
B.
To review any application for variances and to submit a recommendation to the Zoning Board of Appeals.
C.
To act upon and decide any and all applications for special permits provided in this chapter.
D.
To conduct a site plan review.
§ 160-22 Powers and duties of Zoning Board of Appeals.
The Board of Appeals shall have all of the following powers and duties:
A.
To reverse or affirm, wholly or partly, or modify the order, requirement, decision, interpretation or determination appealed from and make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law.
B.
Variances. To vary strict application of the requirements of this chapter in accordance with the following provisions.
(1)
Use variance. Where there is unnecessary hardship in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the authority to vary or modify the application of any of the use regulations or provisions of this chapter so that its spirit shall be observed. A use variance shall be granted, however, unless the Zoning Board of Appeals finds:
(a)
That, under the applicable zoning regulations the applicant would be deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence.
(b)
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion or district of the neighborhood.
(c)
That the requested use variance, if granted, would not alter the essential character of the neighborhood. The Board shall, in granting both use variance and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to, and incidental to, the proposed use of the property, or the period of time such time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and be imposed for the purpose of minimizing any adverse impact such variance shall have on the neighborhood or community.
(d)
That the alleged hardship has not been self-created.
(2)
Area variance. Where there are practical difficulties or special conditions which make regulations governing lot size, yard size and building height, and all other regulations not specifically related to use of land or buildings, unreasonable or impossible to comply with, the Zoning Board of Appeals shall have the authority to vary or modify these regulations as long as the spirit of the regulation to be altered is observed. In making its determination, the Board shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In granting an area variance the Board shall find:
(a)
That no undesirable change will be produced in the character of the neighborhood or the detriment to nearby properties by the granting of the area variance.
(b)
That the benefits sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance.
(c)
That the requested area variance is substantial.
(d)
That the proposed variance will not have an adverse effect and/or impact on the physical or environmental conditions of the neighborhood or district.
(e)
That the alleged difficulty was not self-created, which consideration shall be relevant to the decision of the Board of Appeals but not necessarily preclude the granting of the variance. The Board, in granting a variance, shall grant the minimum variance it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. (Note: Takes effect July 1, 1992.)
§ 160-23 Reduction of minimum residential lot requirements.
The Board of Appeals may reduce residential lot area minimums and building line minimums required by zoning district regulations for residential districts upon finding that such smaller lot is compatible with existing development on adjacent lots, and adequate to support individual water supply and sewage disposal systems or served by public water and sewage disposal systems.
A.
No lot width or area shall be reduced to less than 50% of those required by the district regulations.
B.
No lot area shall be reduced to less than the minimum required by State Board of Health requirements based upon percolation test results.
C.
All construction on such lot shall comply with all yard requirements unless a variance has been granted by the Board of Appeals.
§ 160-24 Procedure for interpretation, special permit or variance.
A.
The Board of Appeals and Planning Board shall act in strict accordance with the procedures specified by the Village Law and by this chapter. All applications made shall be in writing on forms (in triplicate) prescribed by the Board which determines whether to grant or deny the application. Every application shall refer to the specific provision of the chapter involved, or shall set forth the interpretation requested, the use for which a special permit or variance is sought, or details of the variance that is applied for the grounds upon which it is claimed that the application should be granted.
B.
In any application for a variance, the Secretary of the Zoning Board of Appeals shall, at least 30 days before the date of the public hearing, transmit to the Planning Board a copy of the application and notice of the hearing. The Planning Board shall submit a report of its advisory opinion prior to the hearing. Failure of the Planning Board to submit a report shall be deemed to signify approval of the application.
C.
In every case where a special permit is required by this chapter, the Planning Board shall issue such permit only after a public hearing has been held by said Board.
D.
Every decision of the Board of Appeals and Planning Board shall be by resolution (with a roll call vote with stated reasons for opinions), shall contain a full statement of the finding of facts in the case, and shall be recorded in their minutes.
§ 160-25 Required plan for special permits.
An application for a special permit shall be accompanied by three sets of preliminary plans, and other descriptive matter to portray clearly the intentions of the applicant. These documents shall become part of the record. Such plans shall show the location of all buildings, parking, access and circulation, open space, landscaping, septic and drainage and all other information necessary to determine if the proposed special use meets the requirements of this chapter.
§ 160-26 Standards for special permits.
The Planning Board may issue a special permit only after it has found that all the following standards and conditions have been satisfied:
A.
The location, the size and the use and structure, the nature and intensity of operations involved, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with orderly development of the district, including the effect on the environment.
B.
Location, nature and height of building, walls and fences will not discourage the appropriate development and use of adjacent land and buildings, or impair their value or alter the character of the area.
C.
The special use shall not conflict with any adopted Master Plan, or part thereof.
D.
Operations of any special use shall not be more objectionable to nearby properties than would be the operations of any permitted use.
E.
No special permit shall be issued for a use on a property where there is an existing violation of this chapter, with the exception that, upon a showing of undue hardship, the Planning Board shall have the power to waive this standard.
§ 160-27 Additional standards for special permits.
The Planning Board may determine that additional standards should be imposed upon the special permit to provide adequate safeguards to protect the health, safety, orals or general welfare of the public, including the effect on the environment, and for the preservation of character of the neighborhood in which such proposed specially permitted use is to be placed and to minimize possible detrimental effects of the use upon adjacent property.
§ 160-28 Compliance with conditions of special permits.
If the Planning Board determines, pursuant to § 160-27, that additional standards be imposed upon the special permit, it may condition the granting of the special permit upon compliance with certain conditions specified by said Board. Compliance with said conditions shall be mandatory throughout the duration of the special permit and failure to conform to the conditions shall be grounds for revocation of the special permit. Upon revocation of the special permit, the Zoning Enforcement Officer may institute legal action as authorized in § 160-13.
§ 160-29 Variance procedure.
§ 160-30 Required plan for variance.
An application for a variance shall be accompanied by three sets of preliminary plans (if or as pertinent to variance request) and other descriptive matter to portray clearly the intentions of the applicant. These documents shall become part of the record. Such plans shall show location of all buildings, parking, access and circulation, open space, landscaping, septic and drainage and all other information requirements of this chapter.
§ 160-31 Additional conditions for variances.
The Planning Board may recommend that additional conditions be imposed upon the variance to provide adequate safeguards to protect the health, safety, morals, and general welfare of the public, including the effect on the environment, and for preservation of the general character of the neighborhood in which such proposed variance is to be placed, and to minimize possible detrimental effects of the variance upon the adjacent property.
§ 160-32 Compliance with conditions of variance.
The Zoning Board of Appeals may, with or without the prior recommendation of the Planning Board, condition the granting of a variance upon compliance with certain conditions specified by the Zoning Board of Appeals. Compliance with said conditions shall be mandatory throughout the duration of the variance, and failure to conform to said conditions shall be grounds for revocation of the variance. Upon revocation of the variance, the Zoning Enforcement Officer may institute legal action as authorized in § 160-13.
§ 160-33 Standards for home occupations.
In any district in which a home occupation is permitted by special permit or with special conditions, such home occupation shall be permitted when:
A.
It is located within a dwelling unit or in a building accessory to such a dwelling unit and on the same lot.
B.
It is operated by a person or persons living in the dwelling in which the home occupation is located.
C.
It produces no unusual demand for parking and does not display or create outside the building any evidence of the home occupation except that one nonilluminated sign shall be permitted.
D.
It uses not more than 25% of the gross floor area when such home occupation is located within a dwelling.
E.
If located in any accessory building, such accessory building has no more than 1,000 square feet of ground floor area.
§ 160-34 Standards for home professional offices.
In any district in which a home professional office is permitted by special permit, such home professional office shall be permitted when it:
A.
Is located within a dwelling unit or in a building accessory to such dwelling and on the same lot.
B.
Is occupied and used by a person or persons living in the dwelling and not more than two additional persons of the same profession.
C.
Uses not more than 25% of the gross floor area when such office is located within a dwelling.
D.
Provides adequate off-street parking space in accordance with the requirements of this chapter, which parking space is not located in any required front yard area and is paved and landscaped to screen it from adjacent properties.
E.
Does not require a sign that is greater than eight square feet in area or which is illuminated.
F.
Has been approved by the Planning Board through the site plan review process.